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Overstay Penalties Still On The Way

Overstay Penalties Still On The Way

Tuesday, July 22, 2014
PHUKET: New laws that severely penalise overstayers in Thailand are still awaiting the approval of the National Council for Peace and Order, the Superintendent of Phuket Immigration, Colonel Sanchai Chokayaikit, said today.

''The new penalties have been announced but they will not be imposed until the NCPO has formally approved them,'' he said.

The colonel said he did not know when the NCPO might approve the new arrangements.

He added that the overstay changes would probably force many people to rethink their attitude towards abusing the system.

''Previously the penalty was 500 baht a day with a maximum fine of 20,000 baht,'' he said.

''So a person could live illegally in Thailand knowing that if they were caught, the penalty really wasn't so great.''

The upgrade adds bans that mean people who transgress are likely to suffer hardship by being forced to stay out of Thailand for lengthy periods.

The new penalties are:

Overstay more than 90 days forbidden one year
Overstay more than 1 year forbidden 3 years
Overstay more than 3 years forbidden 5 years
Overstay more than 5 years forbidden 10 years

In cases where an alien is apprehended

Overstay less than 1 year forbidden 5 years
Overstay more than 1 year forbidden 10 years

Comments

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Good.

Posted by phonus on July 22, 2014 11:03

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I agree the overstay penalties are no deterrent and must be tightened but the whole fining structure in Thai Law is just the same.

The fines are so low that people perceive them as just a license to break the law.

A simple example everyone knows - get fined for driving without a helmet and once paid, you can keep on driving the same day without helmet and without fear of being fined again.

The paid fine is de facto license to be allowed to drive without a helmet for 1 day.

When in Rome, do like the Romans do. Many foreigners have simply adopted the Thai approach towards breaking the law.

If they are to amend this flaw in Thai law enforcement, it should be applied across the board and not just to laws that are exclusive to foreigners.

Posted by ThaiMike on July 22, 2014 11:17

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Good news, perhaps they could go and check out the Italian drunk who stays at the Chinese temple in Phuket town and walks around the bars asking for farangs to buy him a glass of Thai Whiskey, I'm pretty sure his visa expired long, long ago as he hasn't 2 baht to rub together.

Posted by phuket madness on July 22, 2014 11:42

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Good, but still harsher penalties than the Tiger Disco people are facing if they are (ever) convicted of manslaughter charges over the fire. Although I agree with the harsh penalties to deter overstays one can't help but think its 'pick on Johhny Foreigner' time again.

Posted by Mister Ree on July 22, 2014 12:08

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I think adding a bit inconvenience to the fines will help a lot. Don't allow the fines to be paid at the spot, instead, depending on what is applicable, confiscate their ID,Driving License or Passport , issue a receipt for it and ask the lawbreakers to come to the police station the next day, where they can pay the fine and get their document back.

Posted by Sailor on July 22, 2014 12:25

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May I ask, what does overstaying do?
It means, people staying in Thailand are still injecting money into the system.
I am sure they are not here for the "free health care".
If they are working illegally for someone, then that someone should be fined and whatever penalty is dealt.

People are just too prudish and aloof.

Posted by Tbs on July 22, 2014 12:52

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Sometimes I have to laugh at the comments by foreigners that seem to want the same structure in regard to laws, as they dealt with or deal with in their "home" countries.

Posted by nick on July 22, 2014 12:58

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@phuket madness have some heart if what you say is true he is not hurting anyone and probably has no where to go in Thailand or Italy. Why tell on him, has he hurt you?

Posted by Fiesty Farang on July 22, 2014 13:06

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Sometimes I have to laugh at the foreigners that come to Thailand and want the same structure and laws as they have or had in their own country. If you do not like the system here,return to where you came from. I like the freedom of making choices that affect me, rather than authoritarians that love control over other peoples actions. Chaos in some respects is refreshing after living most of my life in authoritarian "democracies" which is the norm in most Western countries. How do you spell "FREEDOM"? Less laws, more common sense and free choice.
And a thank you to those responsible to making the beaches "fee", as nature intended.

Posted by nick on July 22, 2014 13:06

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@nick - i am sure you will be out of here quick smart so - you do realize there is a Military Junta in charge of the country reforming it by tightening laws and implementing them. Thailand is in a transition of change with law and order. Based on your comments i hope you have a nice flight.

Posted by Ciaran on July 22, 2014 15:44

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Its all very well enforcing the laws in a strict way, but Thailand will start losing hordes of long stay tourists who spend money every day into the Thai economy.
I'm hearing many rented houses in Kathu are suddenly empty due to the russian occupants having to leave as their visas are not renewed.
The General, bless him, needs to come up with ways of encouraging tourism rather than impose ever harsher sanctions. And i don't mean by enticing useless chinese through visa fee waiver.

Posted by jimbo34 on July 22, 2014 15:51

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Unbeleavable - Bottom line they dont want Farang here any more - making it difficult to stay in Thailand even on a legitemate basis but making it even harder to get a Visa also from a embassy abroad

Posted by Captain on July 22, 2014 16:21

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@feistyfarang - I don't agree with farangs roaming the street poncing for alchohol, and no he didn't hurt me, but someone had obviously hurt him as his face was black and blue and covered in stitches. Perhaps someone else didn't like what he was doing and was a lot more aggressive in there response than i was. Do you thinks OK for farangs to live like this when a guest in another country??? Await your reply.

Posted by phuket madness on July 22, 2014 16:58

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Thailand Authorities never said they do not want foreigners to make a living or enjoying the country but what Thailand want, and most Thai people, is foreigners staying of working according to the Thai laws.

List of welcome foreigners:
1/- Tourists coming from few days up to few weeks once or twice a year.
2/- Students on "Education Visa" who are studying in reputable universities or schools.
3/- Foreigners on "Visa (o)" with a retirement pension to have a good living in Thailand.
4/- Foreigners investing in a Thai company with the BoI (Board of Investment).
5/- Foreigners legally married with a Thai spouse and having children.
6/- Foreigners investing in Thai company as minor shareholders (49%) with Thai partners working and investing.

List of unwelcome foreigners:
1/- criminals or terrorists and making Thailand a safe heaven.
2/- Tourists coming in Thailand several times for long stays in a year as most are working illegally.
3/- Students applying for "Education Visa" to stay long time in Thailand but do not attend the courses but instead work illegally.
4/- Foreigners investing in Thai company with Thai nominees as sitting-partners and employee to look like a legal company but in fact the foreigner is a self-employee and do not share the company and its profit with Thais.

Posted by Whistle-Blower on July 22, 2014 17:32

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I think the Thai people are fed up with loudmouths and people who show no respect to the thai culture, I spoke many Thai people who are not afraid to say that they are fed up with tourists and longstay residents that dont behave accordingly to Thai believes and the way of life.The good must pay for the bad as always.That is to say that people with good intensions and adapt in a good way are also a unwanted victim in how the Thai people think and speak about Farangs.I have seen many tourists and residents that i would personally would denie acces to Thailand for about 10 years or so.
Thailand over the years is polluted with bad seeds from overseas visitors and that's not a good thing.
Don't get me wrong i love the Thai way and it should stay that way.Just remember that you are a visitor and that's all there is too it so adapt be nice and have some respect for the people who treat you with respect!

Posted by ThailandFan on July 22, 2014 17:33

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Captain, why is it 'unbeleavable'? Everyone has known for years that this maximum fine of 20,000 baht is something of a joke and many have profited from it. Why then, is this new measure an unbelievable and an anti-farang move? And where is your justification of the remark "making it even harder to get a Visa also from a embassy abroad"?

Posted by Sam Wilko on July 22, 2014 17:41

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I go with the majority - if you have a legal reason to stay then follow the rules & you will come to no harm.

Why should there be proper rules for some people & flawed rules for others?

Thailand is coming down hard on their own people who are corrupt & breaking or bending the rules, so why not farangs.

Posted by Logic on July 22, 2014 19:31

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Cannot see a problem with any of this. It only brings Thailand into line with other countries.
For example to Australian penalties for overstaying are:
"Persons who overstay their visa by more than 28 days may become subject to an exclusion period that prevents them from being granted a temporary visa to travel to Australia for three years. This exclusion period applies whether they leave voluntarily or not.

Even after the exclusion period has finished, the person cannot be granted a visa unless they repay any debt they owe to the Commonwealth, including for costs of removal, or they make satisfactory arrangements to repay their debt."
In other words we deport them and then make them pay the cost of deportation before they can come back.

Posted by Arthur on July 23, 2014 00:58

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I have seen a lot of Foreigners working without work permit and some of them staying on overstays in Bangkok. Most of them get involved in Gemstone Business at Jewelry malls in Silom Road, Bangrak area.
Some Company (owned by Foreigners) owners import Foreign workers onj Tourist visas, student Visas and Hire them to work in their offices and showrooms.until now far no foreigners get caught by Thai authorities. It is hard to clean up overstayers and illegal foreign workers in the over crowded Thai Capital of Bangkok.

Posted by Rajesh Sachdev on January 23, 2015 22:54


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